HomeMy WebLinkAbout14-0356 s c a P-4 ej t hl CL-
JOHN S. TROGNER, JR. and IN THE COURT OF COMMON PLEAS OF
RONALEE B. TROGNER, CUMBERLAND COUNTY, PENNSYLVANIA
Owners
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FARINELLI CONSTRUCTION, INC. - NO. l 35
STIPULATION AGAINST LIENS I Cn
WHEREAS, John S. Trogner, Jr. and Ronalee B. Trogner, husband and wife, of
Cumberland County, Pennsylvania (jointly, the "Owner "), have executed or are about
to execute contemporaneously herewith a contract with Farinelli Construction, Inc., a
Pennsylvania corporation with offices at 5 Kacey Court, Suite 201, Mechanicsburg,
Pennsylvania 17055 (the "Contractor "), for construction of a two story stone and fiber
cement residential dwelling and other improvements (the "Improvements ") on property
known and numbered as Lot No. 32 on a plan entitled Final Subdivision Plan for Phase
II and III, Wentworth Estates, dated May 20, 2004, last revised August 17, 2004, Job No.
1001 -846, prepared by LSC Design, Inc., York, PA and recorded in Cumberland County
Plan Book 90, Page 17, and being known and numbered as 5031 Heatherington Way,
Hampden Township, Cumberland County, Pennsylvania, more particularly described
on Exhibit A attached hereto, incorporated herein by reference and made a part hereof
(the "Premises ").
NOW, January d 2014, before any authority has been given by the Owner to
the Contractor to commence work on the Improvements, or to purchase materials for
the same, or to enter into any contracts with any subcontractors or materialmen, or to
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authorize any purchases by or through any subcontractors or materialmen, in
consideration of the making of said contract with the Owner and the further
consideration of One ($1.00) Dollar, to Contractor paid by Owner, and with the intent
of all parties to be legally bound hereby, it is agreed that no lien shall be filed against
the Improvements, the Premises, or any part thereof, by the Contractor or any
subcontractor, or by any of the materialmen or workmen or any other person for any
labor, or materials purchased, or extra labor or materials purchased, for the
Improvements to the Premises (including hereafter changes made thereto), the right to
file liens being expressly waived.
It is the full intent of the Contractor, for itself and for any subcontractors or
materialmen claiming for themselves, or by, through or under the contract or the
Contractor, that the right to file a mechanic's lien, under the provisions of law and /or of
Acts of Assembly in such cases made and provided, for work done or materials
furnished in and about the construction of the Improvements to the Premises is hereby
waived.
IN WITNESS WHEREOF, Owner and Contractor have executed this Stipulation
Against Liens the day and year first above written.
WITNE S:
2on S. Trogner, Jr.
t !� 16 '''
Ronalee B. Trogner
WITNE /ATTEST: CONTRACTOR:
Farinelli C struction, Inc.
B
President
F:\scw \8534 - Trogner, Jr. - John \16400 - Purchase of 5031 Heatherington Way, Enola, PA \Documents \Stipulation Against
Liens.doc 1/13/14 12:49 PM
EXHIBIT A
ALL THAT CERTAIN piece or parcel of land situate in the Township of Hampden,
County of Cumberland and Commonwealth of Pennsylvania, lying along Heatherington
Way and being approximately 500 feet northwesterly of the easterly intersection of
Heatherington Way and Pellingham Circle, bounded and described as follows, to wit:
BEGINNING at the intersection of the northerly right -of -way line of Heatherington Way
(50 feet wide) with the line of division between Lot 31 and Lot 32; extending (1) thence
North 3 46'47" East, a distance of 185.55 feet; extending (2) thence South 79 2'44"
East, a distance of 249.94 feet; extending (3) thence South 22 9' 53" West, a distance
of 177.43 feet to the northerly right -of -way line of Heatherington Way; extending (4)
thence along said right -of -way line North 81 41' 14" West, a distance of 162.89 feet;
extending (5) thence along the same by a curve to the left having a radius of 375.00
feet, an arc length of 29.67 feet, and a chord bearing and distance of North 83 57' 13"
West, 29.66 feet to the point of BEGINNING.
Being Lot No. 32 as shown on a plan entitled Final Subdivision Plan for Phase II and III,
Wentworth Estates, dated May 20, 2004, last revised August 17, 2004, Job No. 1001-
846, prepared by LSC Design, Inc., York, PA and recorded in Cumberland County Plan
Book 90, Page 17.
For information only: 5031 Heatherington Way
Tax Parcel No. 10 -05- 0439 -054